The Court of Justice Kicks Around the Dichotomy Between Data Protection and Competition Law Case Comment of the Preliminary Ruling in Case C-252/21 Meta Platforms v. Bundeskartellamt
The Court of Justice Kicks Around the Dichotomy Between Data Protection and Competition Law Case Comment of the Preliminary Ruling in Case C-252/21 Meta Platforms v. Bundeskartellamt

Summary/Abstract: Data protection and competition law have been at a crossroads in terms of their integration. Antitrust authorities as well as data protection supervisory authorities have grappled with the question of whether both fields of law should be combined into the same analysis. The German competition authority, the Bundeskartellamt, was the first to fuse them in its landmark case against Facebook’s data processing terms and conditions.The exploitative theory of harm put forward by the German NCA is the first of its kind to integrate data protection considerations into the antitrust analysis, namely by drawing a line between an infringement with the General Data Protection Regulation (GDPR) and anti-competitive harm. This case comment outlines its key developments at the national level, to then address the questions that have been answered by the Court of Justice of the European Union, CJEU, in Case C-252/21 concerning the interpretation of the GDPR in the context of competition law.

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